Belfield v. Stolle et al
Filing
5
MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 11/4/2013. (tjoh, )
IN THE UNITED STATES DISTRICT COURT fp
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FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
| NOV 4 2013
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BRIAN E. BELFIELD,
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Plaintiff,
v.
Civil Action No. 3:13CV457
KEN STOLLE, e/a/.,
Defendants.
MEMORANDUM OPINION
By Memorandum Order entered on September 13, 2013, the Court conditionally
docketed Plaintiff's action. At that time, the Court directed Plaintiff to affirm his intention to
pay the full filing fee by signing and returning a consent to the collection of fees form. The
Court warned Plaintiff that a failure to comply with the above directive within thirty (30) days of
the date of entry thereof would result in summary dismissal of the action.
Plaintiff has not complied with the Court's order to return a consent to collection of fees
form. As a result, he does not qualify for informa pauperis status. Furthermore, he has not paid
the statutory filing fee for the instant action. See 28 U.S.C. ยง 1914(a). Plaintiffs conduct
demonstrates a willful failure to prosecute. See Fed. R. Civ. P. 41(b). Accordingly, this action
will be DISMISSED WITHOUT PREJUDICE.
An appropriate Order shall accompany this Memorandum Opinion.
JsL
James R. Spencer
Date: //'*''3
Richmond, Virginia
United States District Judge
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